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Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?

Code:
RED91
Key Area:
Health And Social Protection
Strand(s):
Discrimination, Equality
17/02/2012 - 12:20
Short Answer

For public health insurance, the same conditions apply if the foreign citizens and stateless persons have their stable residence in Romania or have prolongued their temporary residence in Romania.

As to the minimum income allowance, only Romanian citizens are eligible.

For unemployment insurance, foreigners are eligible during the period of time they have a stable residence in Romania and are employed or have incomes according to the law.

Qualitative Info

According to Art.211 of the Law No.95/2006 regarding the reform of the health system (Legea nr.95/2006 privind reforma in domeniul sanatatii), the persons who are insured within the public healthcare system are Romanian citizens having their stable residence in the country, as well as foreign citizens and stateless persons who have their stable residence in Romania or have prolongued their temporary residence in Romania. These persons have the obligation to pay contribution to the national public healthcare fund.

As to minimum income allowance, Law No.416/2001 (Legea nr. 416/2001, privind venitul minim garantat) applies only to Romanian citizens (Art.1).

The unemployment insurance is regulated by Law No.76/2002 regarding the insurance system for unemployment and the stimulation of the work force (Legea 76/2002 privind sistemul asigurarilor pentru somaj si stimularea ocuparii fortei de munca).

Data
Groups affected/interested Migrants
Type (R/D) Anti-migrant/xenophobia
Key socio-economic / Institutional Areas Health and social protection
External Url http://www.avocatnet.ro/content/articles/id_12650/9/comentarii.html; http://www.dreptonline.ro/legislatie/legea_venitului_minim_garantat.php; http://www.dreptonline.ro/legislatie/legea_asigurarilor_somaj.php
Situation(s)
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